DAYA RAM TRIPATHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Special leave granted.

(2.) The appellant is a physically handicapped person. He has an orthopedic problem. He suffers from a permanent impediment of the left leg, the result of an old cornpoind fracture. His impediment did not prevent him from good academic performance. He went further. He appeared at the combined State Services Examination held in February 1982 by the Uttar Pradesh public service commission. According to the advertisement issued by Commission, one post in the Provincial Civil Service (Executive Branch) was reserved for handicapped persons. However, the appellant was offered the post of Manager, Marketing and Economic Survey instead of a post in the Provincial Civil Service (Executive Branch). He was not offered a post in the Provincial Civil Service (Executive Branch) on the ground that the reservation of 2 per cent in the Uttar Pradesh civil Services for physically handicapped persons had been revoked by the State government by their letter dated 1/03/1979 in regard to the Provincial Civil Sendee (Executive Branch). Thereupon the appellant filed a writ petition under Article 226 of the Constitution in the Allahabad High court. The writ petition was dismissed by the High court on the ground that there was no reservation of posts for physically handicapped persons in the Provincial Civil Service (Executive Branch). The appellant has come before us under article 136 of the Constitution.

(3.) As far back as 1972, the Uttar Pradesh government by G. O. No. 43/90/66-Apptt. 4 dated 18/07/1972 announced "for the physically handicapped persons, the reservation in all the services under the government shall be 2 per cent". All the government departments wsre directed to follow the policy for reservation in services accordingly. Later by G. O. No. 7/4/1971-Personnel-2 dated 20/05/1978 the government of Uttar Pradesh while affirming the "reservation of 2 per cent posts for the appointment of disabled persons in all the services under the government," defined who a physically handicapped person was and added the following instruction: